HomeMy WebLinkAboutITD Riparian Aquatic_ Resource Mitigation Agreement .. .---iy IUUI IV i al ll 1C10
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RIPARIAN AQUATIC RESOURCE MITIGATION AGREEMENT
Project No. A010 (459)
I-84,Garrity Interchange to Meridian Interchange
Ada County
Key:10459
's Riparian Aquatic Resource Mitigation Agreement is entered into on this
day of L 2008, between the Idaho Transportation Department (hereinafter, ITD)
and the City ol Meridian.
The Parties agree as follows:
I. GENERAL PROVISIONS:
1. ITD is obligated to provide compensatory mitigation for CIean Water Act Section 404 fill
into wetlands and waters of the United States associated with the I-84, Garrity
Interchange to Meridian Interchange project. In addition, the Federal Highway
Administration requires the replacement of all wetland regardless of United State Corps
of Engineers (COE) jurisdiction under Executive Order (EO) 11990. On-site mitigation
was determined to not be possible for this project. The COE and Federal Highway
Administration have determined that compensatory mitigation is necessary to fully
offset unavoidable wetland impact pursuant to section 404 of the Clean Water Act and
EO 11990. The FHWA and COE have stated that the creation of 0.16 acres of mitigation
will satisfy the no net loss rule as adequate compensatory mitigation for the project.
This agreement does not relieve the ITD's responsibility to establish compensatory
mitigation in the amount of 0.16 acres.
2. As compensated, the City of Meridian will hold the conservation easement in
perpetuity, and will be responsible for the operation and maintenance within the
easement boundaries.
3. The projected functional performance of the Five Mile Creek Aquatic Resource
Mitigation Site is based solely upon final design plans and specifications provided to the
assessment team and will be built as designed. The final design plans are attached as
Exhibit A and are adopted herein.
4. The City of Meridian will select a contractor for the work once the construction
documents are completed and the funding is in place. The United States Departmental
Agriculture Natural Resources Conservation Service will assist the City of Meridian in
the construction of the project to ensure the design is built to the plans and
specifications.
5. All modifications to this Agreement shall be in writing, shall be in the form of an
amendment to this Agreement, and shall have mutual written consent. Requests to
modify this Agreement will be forwarded by one party to the other by written notice at
least thirty(30) days prior to the proposed effective date of such modification.
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6. For the purposes of this Agreement, the following named persons are designated as
contact persons in the event of any notices to be given hereunder:
City of Meridian Engineer Dave Jones P.E.
Public Works Department Idaho Transportation Dept.-District 3
660 Watertower Ave,Ste 220 8150 Chinden Blvd
Meridian,ID 83642 Boise,ID 83707
(208) 898-5500 (208)334-8301
II. CITY OF MERIDIANS RESPONSIBILITIES:
1. The City of Meridian will construct 0.16 acres of Aquatic Resources mitigation at the
Tamura property located in SEC 7 T3N R1E OF THE USGS MERIDIAN QUAD SE 1/4,
SE 1/4 (for ITD for a sum to not exceed Forty Thousand Dollars ($40,000)).
2. Upon receipt of the money paid by ITD pursuant to Section III of this Agreement,
provide a letter to ITD acknowledging receipt of the money and documenting the
mitigation package.
3. Be solely responsible for all permits,licenses,etc. to execute mitigation construction.
4. Upon construction of the Riparian Aquatic Resources mitigated, the City of Meridian
will relieve ITD of any responsibility or liability for the success and maintenance of
wetlands,which fully satisfies ITD's mitigation obligation for the project in perpetuity.
5. The City of Meridian will assume all liability for the responsibility of the establishment,
performance, operation and long term maintenance of the Five Mile Creek Riparian
Aquatic Resource mitigation site.
6. The City of Meridian shall be responsible for all claims or actions for loss,injury death or
damages arising out of, or resulting from the performance of this Agreement provided
such damage to property or injury to persons is caused in whole or in part by the
negligent act, error, or omission of the City of any of its employees, agents, consultants,
or subcontractors.
III. ITD'S RESPONSIBILITIES:
1. ITD will provide to the City of Meridian the sum of Forty Thousand Dollars ($40,000) in
exchange for establishment, performance, operation and long term maintenance of the
Five Mile Creek Aquatic Resource mitigation site. Payment will be made upon execution
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
IDAHO TRANSPORATION DEPARTMENT
Assistant Chief Engineer,Development (Date)
(Loren Thomas)
RECOMMENDED BY: Approved as to form:
— 1'54�1x—1
District Engineer-Dave Jones,P.E. --V
CITY OF MERIDIAN PUBLIC WORKS,by the
CITY ENGINEERS OFFICE
OF
Mayor of City eridian
P � L
Attachments:
Resolution f'r cf a
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